City Council, October 8, 2003
A regular session of the Pawtucket City Council is held Wednesday, October 8, 2003, at 7:00 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Barry, Councilors Carr, Clemente, Grebien, Hoyas, and Wildenhain.
Absent – Councilors Bray, Hodge, and Moran.
President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS.
COUNCILOR MORAN ARRIVES AT 7:01 P.M.
THE COUNCIL RECONVENES AT 7:10 P.M.
THE FORMAL HEARING ON THE FOLLOWING LICENSE IS LAID ON THE TABLE UNTIL OCTOBER 22, 2003 AT 7:00 P.M. ON A UNANIMOUS VOICE VOTE:
2nd Class Tavern License – Leo Choiniere, 85 Montgomery St., LIC# 00228
The reading of the records of September 24, 2003, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Grebien, seconded by Councilor Clemente, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
** TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Hoyas, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, City Solicitor, requesting that she provide Mr. Dunbar with the Medicaid and Medicare Laws, and provide him with any further information that would be of assistance to him. The Council is further requesting that a copy of this information be forwarded to them, as well.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, on behalf of Council President Barry, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mr. Lawrence Fish, President and CEO Citizens Bank, to express the Council’s support for his proposal regarding the spiraling cost of heath coverage. The Council shares his concerns and would like to join with him in efforts.
THE FOLLOWING AMENDMENT TO FOLLOWING ENTITLED ORDINANCE APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hoyas, Moran, and Wildenhain.
NOES - 0.
ORDINANCE OF THE CITY OF PAWTUCKET APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES IN AN AMOUNT NOT TO EXCEED $119,000,000 FOR THE PURPOSES OF FINANCING THE ACQUISITION OF THE PAWTUCKET WATER SUPPLY SYSTEM FROM THE PAWTUCKET PUBLIC BUILDINGS AUTHORITY (THE "PBA") THROUGH THE REFINANCING OF THE PBA'S OUTSTANDING BONDS AND NOTES, REFINANCING OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY ISSUED FOR THE CITY'S WATER SUPPLY SYSTEM, AND FINANCING IMPROVEMENTS TO THE PAWTUCKET WATER SUPPLY SYSTEM
Add the following after the last sentence in Section 6:
** The City Treasurer, the Mayor, and the Chief Engineer of the Pawtucket Water Supply Board shall notify the City Council in writing prior to executing, amending, or supplementing, or modifying any documents or taking action pursuant to this Section, but the validity of Bonds and Notes issued hereunder shall in no way depend upon the occurrence of such action. The documentation in connection with the issuance of the Bonds and Notes shall require that periodic reports summarizing payments for Project costs will be forwarded to the City Treasurer, the Chief Engineer of the Pawtucket Water Supply Board, and to the City Clerk. The City Clerk shall forward such reports to the members of the City Council.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement, regarding Jose Rodrigues applying for an auto repair shop license in the City of Pawtucket.
Previously the Council requested an inspection of Mr. Rodrigues’ business at 1063 Lonsdale Avenue in Central Falls. Currently Mr. Rodrigues’ has a business at 1220 Broad Street, Central Falls, and would like to apply for a license on Slade Street in the City of Pawtucket.
The Council is requesting that an inspection of this similar business at 1220 Broad Street in Central Falls be conducted, to see if this type of business would meet the requirements and ordinances of the City of Pawtucket.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:
Communication from Kevin Kazarian, to Councilor David Moran. (September 30, 2003, Zoning Board of Appeals Transcript)
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement, regarding the September 30, 2003, Zoning Board of Appeals Public Hearing on the request of Kenneth Topalian.
The Council is requesting that the transcript of this hearing be sent to Councilor Moran and to Kevin Kazarian, 16 Roblen Drive, Pawtucket, RI 02861, when it becomes available.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following information:
Upon motion made by Councilor Grebien, seconded by Councilor Moran, the following information is READ AND ORDERED FILED:
Listing of Estimated Rate Increase for Projects (Treatment Facilities, Water Mains) and Operations and Maintenance, prepared by Maureen Gurghigian and Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board.
THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hoyas, Moran, and Wildenhain.
NOES - 0.
ORDINANCE OF THE CITY OF PAWTUCKET APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES IN AN AMOUNT NOT TO EXCEED $119,000,000 FOR THE PURPOSES OF FINANCING THE ACQUISITION OF THE PAWTUCKET WATER SUPPLY SYSTEM FROM THE PAWTUCKET PUBLIC BUILDINGS AUTHORITY (THE "PBA") THROUGH THE REFINANCING OF THE PBA'S OUTSTANDING BONDS AND NOTES, REFINANCING OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY ISSUED FOR THE CITY'S WATER SUPPLY SYSTEM, AND FINANCING IMPROVEMENTS TO THE PAWTUCKET WATER SUPPLY SYSTEM, AS AMENDED.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following communications:
Communication from Salette Latas, to Councilor Donald R. Grebien. (Pit Bull Ordinance)
Communication from Susan D. Olsen, to Councilor Donald R. Grebien. (Pit Bull Ordinance)
Upon motion made by Councilor Grebien, seconded by Councilor Wildenhain, the following communications are READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE:
Communication from Salette Latas, to Councilor Donald R. Grebien. (Pit Bull Ordinance)
Communication from Susan D. Olsen, to Councilor Donald R. Grebien. (Pit Bull Ordinance)
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, Councilor Hoyas, on behalf of Council President Barry, introduces the following communication:
Communication from Councilor Thomas E. Hodge, to Council President John J. Barry, III, stating that if present he would have voted in the affirmative for items 3 & 4 on the agenda.
Upon motion made by Councilor Hoyas, on behalf of Council President Barry, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED:
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
ORDINANCE ADOPTING THE CITY OF PAWTUCKET 2003 COMPREHENSIVE PLAN.
Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Reclassification of Municipal Election Clerk II from R15 to R21) is READ AND ORDERED FILED.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Reclassification of Municipal Election Clerk II from R15 to R21)
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, Councilor Wildenhain introduces the following communications:
Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Pit Bull Ordinance)
Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to Mayor James E. Doyle. (Pit Bull Ordinance)
Communication from George L. Kelley, III, Chief of Police, to the Honorable Members of the Pawtucket City Council. (Pit Bull Ordinance)
Communication from Stephanie Lane, Program Administrator, Canine Legislation, American Kennel Club, to Council President John J. Barry, III. (Pit Bull Ordinance)
Upon motion made by Councilor Wildenhain, seconded by Councilor Grebien, the following communications are READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE:
Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Pit Bull Ordinance)
Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to Mayor James E. Doyle. (Pit Bull Ordinance)
Communication from George L. Kelley, III, Chief of Police, to the Honorable Members of the Pawtucket City Council. (Pit Bull Ordinance)
Communication from Stephanie Lane, Program Administrator, Canine Legislation, American Kennel Club, to Council President John J. Barry, III. (Pit Bull Ordinance)
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Delete: Program Manager for Development Projects at T07, Planning Dept.; Add: Economic and Cultural Affairs Officer at T12, Planning Dept.)
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to Joseph Keough, Jr., Esq. (Lack of communication between the Pawtucket Water Supply Board and the City of Pawtucket)
Upon motion made by Councilor Clemente, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Clemente is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, and to Joseph Keough, Jr. Esq., following information:
List of all property that has the Pawtucket Water Supply Board as deed holder.
List of any other outstanding land acquisitions
COUNCILOR GREBIEN LEAVES THE CHAMBER AT 7:48 P.M.
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1st Class –
*CV Island, Inc. d/b/a Checkmate Pub Pizza (Transfer from Checkmate Pizza, Inc. d/b/a Checkmate Pizza) 1 Garden Street, LIC# 00683
*DENOTES STIPULATIONS PLACED ON LIQUOR LICENSE
COUNCILOR GREBIEN RETURNS TO THE CHAMBER AT 7:50 P.M.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Hoyas, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, City Solicitor, regarding Megan’s Law and the registration of sex offenders.
The Council is requesting the City Solicitor to research the availability of information under Megan’s Law. Further the Council would like her input on using the City’s website to furnish information about the registration of sex offenders.
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of St. Edward’s Church to hold a Bazaar, in the Church Hall, Weeden Street, on Saturday, November 8, 2003, from 12:00 p.m. until 8:00 p.m., and Sunday, November 9, 2003, from 12:00 p.m. until 5:00 p.m., LIC# 0214M
Petition of St. Luke’s Church to hold an annual Bazaar in the Church Hall, 670 Weeden Street, on Saturday, October 18, 2003 from 9:00 a.m. until 3:00 p.m., LIC# 0213M
SIGN BOARD (Renewal) –
Annex Market Gardens, Inc. (ONE) 113 Power Road, LIC# N0001
SUNDAY SALES 1st Class –
Francisco Nguyen d/b/a SAS Market (Transfer from Mohamad E. Barbour d/b/a Pawtucket City Market) 151 Benefit Street, LIC# 20459
VICTUALLING HOUSE 1st Class –
Francisco Nguyen d/b/a SAS Market (Transfer from Mohamad E. Barbour d/b/a Pawtucket City Market) 151 Benefit Street, LIC# 00684
J & B Donuts, Inc. d/b/a Ronzio Pizza (Transfer form All About Pizza, Inc. d/b/a Ronzio Pizza) 727 East Avenue, LIC# 00685
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PRIVATE DETECTIVE –
Richard E. Macedo, Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Beatrice C. Fortin - $358.42/$352.24
Joanne M. Hill, by Amica Mutual Insurance Co. - $1,665.41
Arthur Lombardi - $139.16
Marie Puglia - $14,112.03/$15,109.72
UPON RECOMMENDATION OF THE CLAIMS COMMITTEE, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hoyas, Moran, and Wildenhain.
NOES - 0.
Michael Demoranville - $155.00
UPON RECOMMENDATION OF THE CLAIMS COMMITTEE, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hoyas, Moran, and Wildenhain.
NOES - 0.
Carol Desjean - $2,203.36
UPON RECOMMENDATION OF THE CLAIMS COMMITTEE, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hoyas, Moran, and Wildenhain.
NOES - 0.
National Grid - $1,063.69
UPON RECOMMENDATION OF THE CLAIMS COMMITTEE, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hoyas, Moran, and Wildenhain.
NOES - 0.
David Pagliaro - $993.30
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Robin M. Adams – No Amount Specified
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON A UNANIMOUS VOICE VOTE:
Alba Hernandez - $3,022.78
Maria & Deandre Moniz, by Atty. Robert V. Russo - $100,000.00 each + property damage.
Gary R. Pinault, by Atty. David P. Valletta - $100,000.00
COUNCILOR HOYAS LEAVES THE CHAMBER AT 7: 58 P.M.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, on behalf of Council President Barry, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John E. Carney, Director of Public Works, regarding the reckless driving of recycling trucks in the City of Pawtucket.
The Council has noticed a number of incidents, such as, a recycling truck stopping short on Main Street to back into Quincy Street rather than travel around the block; and also a recycling truck holding up traffic by employees conversing in the middle of Barton Street.
Incidents such as these as well as the number of claims the City receives for accidents involving recycling trucks, is a concern. The Council is asking what is being done to remedy this situation.
Upon motion made by Councilor Grebien, seconded by Councilor Wildenhain, the meeting is adjourned at 8:00 p.m.